DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant’s arguments, see page 5, filed on 2/3/2026, with respect to Double Patenting rejection of claims 1-4, 8, 12-20 with respect to US Patent 11,956,058 B1 have been fully considered and are persuasive. The Double Patenting rejection of claims 1-4, 8, 12-20 has been withdrawn.
Applicant’s arguments with respect to claims 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 12 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 2/1 of U.S. Patent No. 11,509,071 B1. Although the claims at issue are not identical, they are not patentably distinct from each other because of the following comparison.
Claim
Instant Application
Claim
US Patent 11,509,071 B1
12
A method, comprising:
performing polarization adjusting, by a user equipment (UE), by rotating a signal according to a polarization for the signal that enables a signal to noise ratio to be increased, resulting in an adjusted signal, wherein the UE operates in multiple frequency bands, and wherein the rotating is performed for a select number of frequency bands of the multiple frequency bands; and
transmitting, by the UE, the adjusted signal to a communications system.
2/1
A method, comprising:
obtaining data regarding interference originating from one or more interference sources wherein the interference has a polarization orientation; and
based on the polarization orientation of the interference, applying an algorithm for rotating polarizations of first radio frequency (RF) signals and second RF signals relating to crossed-dipole radiating elements of an antenna system, the antenna system operating in multiple frequency bands, the rotating being performed for a select number of frequency bands of the multiple frequency bands and facilitating mitigation of the interference by reducing interference imposed on the first RF signals by the interference, while increasing interference imposed on the second RF signals by the interference.
The method of claim 1, wherein the applying the algorithm for rotating is performed for transmit (Tx) signals, receive (Rx) signals, or both, and wherein the rotating for the select number of frequency bands is performed in a same or a different manner for signals in different bands of the multiple frequency bands.
Regarding claim 12:
Claim 2/1 of US Patent 11,509,071 B1 discloses subject matter of claim 12, except (a) the method is applied to a UE transmit uplink signal; and (b) the polarization result in an increase signal to noise ratio of the adjusted signal.
With respect to (a), Claim 2/1 of US Patent 11,509,071 B1 specify the method is used for a transmitted signal, therefore, it covers using the method on a UE or wireless network device. Thus satisfied the claimed limitation of the method is applied to a UE transmit uplink signal for the benefit of reducing interference of the transmitted signal.
With respect to (b), Claim 2/1 of US Patent 11,509,071 B1 recites the method reduces interference of the transmitted signal, one of ordinary skill in the art before the effective filing date of the claimed invention would recognize the reduction of interference would increase the signal to noise ratio of the transmitted signal (as evidence by Mcmenamy et al. (US 2024/0413858 A1), para. 0088), thus satisfied the claimed limitation for the benefit of improving the integrity of the transmitted signal.
Claim 19 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 16/12 of copending Application No. 19/331,346 (claims filed on 9/17/2025). Although the claims at issue are not identical, they are not patentably distinct from each other because of the following comparison.
Claim
Instant Application
Claim
US Patent Application 19/331,346
19
A non-transitory machine-readable medium, comprising executable instructions that, when executed by a processing system including a processor and associated with a user equipment (UE), facilitate performance of operations, the operations comprising:
performing polarization adjusting by rotating an uplink (UL) signal according to a polarization for the UL signal that enables a signal to noise ratio of the UL signal to be increased, resulting in an adjusted UL signal,
wherein the performing the polarization adjusting does not affect one or more directions or one or more shapes of a beam associated with the UL signal; and
transmitting the adjusted UL signal to a communications system.
16/12
A non-transitory machine-readable medium, comprising executable instructions that, when executed by a processing system including a processor and associated with an antenna of a communications system, facilitate performance of operations, the operations comprising:
generating multiple beams using subarrays of the antenna; and
rotating a polarization of signals associated with each beam of the multiple beams to mitigate interference between beams that at least partially overlap, wherein the rotating increases beam isolation in a direction of elevation, azimuth or both.
The non-transitory machine-readable medium of claim 12, wherein the rotating the polarization does not affect one or more directions or one or more shapes of the multiple beams.
Regarding claim 19:
Claim 16/12 of US Patent Application 2026/0019140 A1 disclose subject matter of claim 19, but fails to disclose (a) the polarization is performed on an uplink signal and transmitted to a communication system, and (b) the process increase the signal to noise ratio of the uplink signal.
With respect to (a), Claim 2/1 of US Patent Application 2026/0019140 A1 specify the method is used for generated beam using subarrays of the antenna, therefore, it covers using the method on a UE or wireless network device. Thus satisfied the claimed limitation of the method is applied to a UE transmit uplink signal for the benefit of reducing interference of the transmitted signal.
With respect to (b), Claim 16/12 of US Patent Application 2026/0019140 A1 recites the method mitigates interference of a transmitted signal, one of ordinary skill in the art before the effective filing date of the claimed invention would recognize the reduction of interference would increase the signal to noise ratio of the transmitted signal (as evidence by Mcmenamy et al. (US 2024/0413858 A1), para. 0088), thus satisfied the claimed limitation for the benefit of improving the integrity of the transmitted signal.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Allowable Subject Matter
Claims 1-11 are allowed.
Claims 13-18 and 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
The present invention describes a device, comprising a processing system including a processor and associated with a user equipment (UE);and a memory that stores executable instructions that, when executed by the processing system, facilitate performance of operations, the operations comprising determining an orientation of the UE; and performing polarization adjusting by rotating a signal according to a polarization for the signal that enables a signal to noise ratio to be increased, resulting in an adjusted signal, wherein the polarization adjusting is based at least in part on the orientation of the UE. The closest prior art, US Patent 11,956,058 B1 discloses a similar system, but was overcame by the terminal disclaimer filed on 2/3/2026. Other prior art of record fails to disclose determining an orientation of the UE; and performing polarization adjusting by rotating a signal according to a polarization for the signal that enables a signal to noise ratio to be increased, resulting in an adjusted signal, wherein the polarization adjusting is based at least in part on the orientation of the UE.
Conclusion
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/SIU M LEE/Primary Examiner, Art Unit 2632 3/24/2026